L8 Approved Code of Practice (ACoP) – The Control of Legionella Bacteria in Water Systems

Assessing the risk
According to Kathryn Gilbertson of Greenwoods Solicitors LLP, careful planning, competent staff and attention to control strategies are essential in managing the risk.

Is the water temperature between 20°C and 45°C, creating the conditions for the bacteria to multiply?

Are there any areas where stagnant water occurs (dead legs)?

Are the showers and taps used frequently?

Is there debris such as rust, sludge or scale in the system?

Is it likely any employees, residents or visitors are susceptible?

Case Study 1
In 2002, the largest outbreak of the disease struck the North West of England, when five people died and over 170 people contracted Legionnaires’ disease following an outbreak at the Forum 28 arts centre in Barrow. The premises were owned and operated by Barrow Borough Council. Both the Council and its in-house architect were charged with manslaughter and safety offences. They were acquitted of manslaughter following trials but were found guilty of offences under Section 3(1) and Section 7 of the Health and Safety at Work Act respectively.

The Council was fined £125,000 and ordered to pay £90,000 in costs, whilst the architect was fined £15,000.

A written scheme setting out how you intend to control the risk from Legionella must be in place. The scheme should detail:

an up-to-date plan or schematic diagrams of your system

who is responsible for carrying out the assessment and managing the implementation

the safe and correct operation of the system

what control methods and other precautions will be used

what checks will be carried out on the control scheme and how often these will be carried out

Case Study 2

At Abertillery Magistrates Court on 6th August 2009, DEBA UK Ltd pleaded guilty to three charges under Section 3(1) of the Health and Safety at Work Act 1974. The company was fined £24,000 and ordered to pay costs of £17,276.

During 2007, DEBA UK Ltd was commissioned to carry out Legionella risk assessments at nursing homes in Wales and rated the risk as low. A subsequent routine check of these nursing homes revealed there to be inadequate controls for Legionella at the premises.

The elderly are at greater risk from Legionella bacteria so it is imperative that such safety critical surveys are adequate.

Disclaimer: The information provided through Legislation Watch is for general guidance only and is not legal advice. Legislation Watch is not a substitute for Health and Safety consultancy. You should seek independent advice about any legal matter.